
Quoting
greenmancan
But, the woman is drunk in public, that's a crime,case closed.
I guarantee that a rape victim would not be charged with public intoxication. Having dealt with drunken victims before I can say with certainty that as long as there is some legitimacy to a claim of being the victim of a greater crime, the drunken victim is highly unlikely to be charged and prosecuted. I'd say it would NEVER happen, but I cannot discount the possibility that it might have happened somewhere at some time in CA.
Plus, CA is not a "letter of the law" state pursuant to statute:
4. The rule of the common law, that penal statutes are to be
strictly construed, has no application to this Code. All its
provisions are to be construed according to the fair import of their
terms, with a view to effect its objects and to promote justice.
Without a breathalyzer or blood test how would the police know.
Oh, you know, that aroma of alcohol emanating from his person ... shall I go into detail how alcohol ie expelled from the body? I'm suire that even you can tell when a person has been drinking, right?
Plus, if no prosecution is desired, no test will be necessary.
It could be a mental or physical impairment or psychosis.
Sure, it could be ... though the officer is not going to make that determination. The defendant can raise mental defect as a defense should he be charged and can find a doctor to make such a claim on his behalf.
I would think taking him forcefully to the hospital would have been the proper action.
But, given the circumstances, almost certainly unlawful in my state.